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PROPOSITION 22 Ability to Make Their Own Decisions About the Jobs They Take and the Hours They Work

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PROPOSITION 22 Ability to Make Their Own Decisions About the Jobs They Take and the Hours They Work TEXT OF PROPOSED LAWS PROPOSITION 21 CONTINUED statewide election ballot, the provisions of the other families who cannot afford a vehicle, and providing measure or measures shall be deemed to be in confict new affordable and convenient delivery options for with this act. If this act receives a greater number of grocery stores, restaurants, retailers, and other local affrmative votes than another measure deemed to be businesses and their patrons. in confict with it, the provisions of this act shall (d) However, recent legislation has threatened to take prevail in their entirety, and the other measure or away the fexible work opportunities of hundreds of measures shall be null and void. thousands of Californians, potentially forcing them into set shifts and mandatory hours, taking away their PROPOSITION 22 ability to make their own decisions about the jobs they take and the hours they work. This initiative measure is submitted to the people in accordance with the provisions of Section 8 of Article (e) Protecting the ability of Californians to work as II of the California Constitution. independent contractors throughout the state using app-based rideshare and delivery platforms is This initiative measure adds sections to the Business necessary so people can continue to choose which and Professions Code and amends a section of the jobs they take, to work as often or as little as they like, Revenue and Taxation Code; therefore, new provisions proposed to be added are printed in italic type to and to work with multiple platforms or companies, all indicate that they are new. the while preserving access to app-based rideshare and delivery services that are benefcial to consumers, PROPOSED LAW small businesses, and the California economy. (f) App-based rideshare and delivery drivers deserve SECTION 1. Chapter 10.5 (commencing with economic security. This chapter is necessary to protect Section 7448) is added to Division 3 of the Business their freedom to work independently, while also and Professions Code, to read: providing these workers new benefts and protections CHAPTER 10.5. APP-BASED DRIVERS AND SERVICES not available under current law. These benefts and Article 1. Title, Findings and Declarations, and protections include a healthcare subsidy consistent Statement of Purpose with the average contributions required under the Affordable Care Act (ACA); a new minimum earnings 7448. Title. This chapter shall be known, and may guarantee tied to 120 percent of minimum wage with be cited, as the Protect App-Based Drivers and no maximum; compensation for vehicle expenses; Services Act. occupational accident insurance to cover on-the-job 7449. Findings and Declarations. The people of the injuries; and protection against discrimination and State of California fnd and declare as follows: sexual harassment. (a) Hundreds of thousands of Californians are (g) California law and rideshare and delivery network choosing to work as independent contractors in the companies should protect the safety of both drivers modern economy using app-based rideshare and and consumers without affecting the right of app- 21 delivery platforms to transport passengers and deliver based rideshare and delivery drivers to work as food, groceries, and other goods as a means of earning independent contractors. Such protections should, at income while maintaining the fexibility to decide a minimum, include criminal background checks of when, where, and how they work. drivers; zero tolerance policies for drug- and alcohol- 22 (b) These app-based rideshare and delivery drivers related offenses; and driver safety training. include parents who want to work fexible schedules 7450. Statement of Purpose. The purposes of this while children are in school; students who want to chapter are as follows: earn money in between classes; retirees who rideshare (a) To protect the basic legal right of Californians to or deliver a few hours a week to supplement fxed choose to work as independent contractors with incomes and for social interaction; military spouses rideshare and delivery network companies throughout and partners who frequently relocate; and families the state. struggling with California’s high cost of living that need to earn extra income. (b) To protect the individual right of every app-based rideshare and delivery driver to have the fexibility to (c) Millions of California consumers and businesses, set their own hours for when, where, and how they and our state’s economy as a whole, also beneft from work. the services of people who work as independent contractors using app-based rideshare and delivery (c) To require rideshare and delivery network platforms. App-based rideshare and delivery drivers companies to offer new protections and benefts for are providing convenient and affordable transportation app-based rideshare and delivery drivers, including for the public, reducing impaired and drunk driving, minimum compensation levels, insurance to cover on- improving mobility for seniors and individuals with the-job injuries, automobile accident insurance, disabilities, providing new transportation options for health care subsidies for qualifying drivers, protection 30 | Text of Proposed Laws TEXT OF PROPOSED LAWS PROPOSITION 22 CONTINUED against harassment and discrimination, and 7453. Earnings Guarantee. (a) A network company mandatory contractual rights and appeal processes. shall ensure that for each earnings period, an app- (d) To improve public safety by requiring criminal based driver is compensated at not less than the net background checks, driver safety training, and other earnings foor as set forth in this section. The net safety provisions to help ensure app-based rideshare earnings foor establishes a guaranteed minimum level and delivery drivers do not pose a threat to customers of compensation for app-based drivers that cannot be or the public. reduced. In no way does the net earnings foor prohibit app-bas ed drivers from earning a higher level of Article 2. App-Based Driver Independence compensation. 7451. Protecting Independence. Notwithstanding (b) For each earnings period, a network company shall any other provision of law, including, but not limited to, the Labor Code, the Unemployment Insurance compare an app-based driver’s net earnings against Code, and any orders, regulations, or opinions of the the net earnings foor for that app-based driver during Department of Industrial Relations or any board, the earnings period. In the event that the app-based division, or commission within the Department of driver’s net earnings in the earnings period are less Industrial Relations, an app-based driver is an than the net earnings foor for that earnings period, independent contractor and not an employee or agent the network company shall include an additional sum with respect to the app-based driver’s relationship accounting for the difference in the app-based driver’s with a network company if the following conditions are earnings no later than during the next earnings period. met: (c) No network company or agent shall take, receive, (a) The network company does not unilaterally or retain any gratuity or a part thereof that is paid, prescribe specifc dates, times of day, or a minimum given to, or left for an app-based driver by a customer number of hours during which the app-based driver or deduct any amount from the earnings due to an must be logged into the network company’s online- app-based driver for a ride or delivery on account of a enabled application or platform. gratuity paid in connection with the ride or delivery. A (b) The network company does not require the app- network company that permits customers to pay based driver to accept any specifc rideshare service gratuities by credit card shall pay the app-based driver or delivery service request as a condition of the full amount of the gratuity that the customer maintaining access to the network company’s online- indicated on the credit card receipt, without any enabled application or platform. deductions for any credit card payment processing fees or costs that may be charged to the network (c) The network company does not restrict the app- company by the credit card company. based driver from performing rideshare services or delivery services through other network companies (d) For purposes of this chapter, the following except during engaged time. defnitions apply: (d) The network company does not restrict the app- (1) “Applicable minimum wage” means the state based driver from working in any other lawful mandated minimum wage for all industries or, if a occupation or business. passenger or item is picked up within the boundaries of a local government that has a higher minimum 7452. Contract and Termination Provisions. (a) A network company and an app-based driver shall enter wage that is generally applicable to all industries, the local minimum wage of that local government. The into a written agreement prior to the driver receiving 22 access to the network company’s online-enabled applicable minimum wage shall be determined at the application or platform. location where a passenger or item is picked up and shall apply for all engaged time spent completing that (b) A network company shall not terminate a contract rideshare request or delivery request. with an app-based driver unless based upon a ground specifed in the contract. (2) “Earnings period” means a pay period, set by the network company, not to exceed 14 consecutive (c) Network companies shall provide an appeals calendar days. process for app-based drivers whose contracts are terminated by the network company. (3) “Net earnings” means all earnings received by an app-based driver in an earnings period, provided that 7452.5. Independence Unaffected. Nothing in the amount conforms to both of the following Article 3 (commencing with Section 7453) to Article standards: 11 (commencing with Section 7467), inclusive, of this chapter shall be interpreted to in any way alter (A) The amount does not include gratuities, tolls, the relationship between a network company and an cleaning fees, airport fees, or other customer pass- app-based driver for whom the conditions set forth in throughs.
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